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Author: Michael Junge
Publisher: Createspace Independent Publishing Platform
ISBN: 9781721230068
Category : Command of troops
Languages : en
Pages : 294
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Book Description
Crimes of Command illuminates the Navy's changed understanding of responsibility, accountability, and culpability from the end of World War II until today. From the ship that delivered the atomic bomb but lost 800 sailors to sharks, through Tailhook and the drunken debauchery that marked a generation of officers, to the 2017 Pacific Fleet collisions that took seventeen lives this story shows how the Navy's treasured ideal of accountability is a tradition without substance, a well-meaning concept romanticized by the inexperienced and used to maintain control over the Navy and it's heritage. This is the story of how one of the Nation's most revered institutions lost its way and the plan to get her back on track.
Author: Michael Junge
Publisher: Createspace Independent Publishing Platform
ISBN: 9781721230068
Category : Command of troops
Languages : en
Pages : 294
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Book Description
Crimes of Command illuminates the Navy's changed understanding of responsibility, accountability, and culpability from the end of World War II until today. From the ship that delivered the atomic bomb but lost 800 sailors to sharks, through Tailhook and the drunken debauchery that marked a generation of officers, to the 2017 Pacific Fleet collisions that took seventeen lives this story shows how the Navy's treasured ideal of accountability is a tradition without substance, a well-meaning concept romanticized by the inexperienced and used to maintain control over the Navy and it's heritage. This is the story of how one of the Nation's most revered institutions lost its way and the plan to get her back on track.
Author: Peter Baldwin
Publisher: MIT Press
ISBN: 0262361493
Category : Political Science
Languages : en
Pages : 475
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Book Description
Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Voted one of the best law books of 2021 by the UK Times. Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Author: Allan A. Ryan
Publisher: University Press of Kansas
ISBN: 0700620141
Category : History
Languages : en
Pages : 408
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Book Description
"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.
Author: Chantal Meloni
Publisher: Asser Press
ISBN:
Category : Law
Languages : en
Pages : 298
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Book Description
This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.
Author: Guénaël Mettraux
Publisher:
ISBN:
Category : History
Languages : en
Pages : 342
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Book Description
This is the first comprehensive guide to the law of command responsibility. Originally invoked against Nazi leaders for failing to prevent or punish crimes of subordinates, and more recently in the Yugoslav War Crimes Tribunal, command responsibility continues to be of importance in cases arising from the Iraq War and the War on Terror
Author: Valerie Geneviève Hébert
Publisher: University Press of Kansas
ISBN: 0700632670
Category : History
Languages : en
Pages : 376
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Book Description
By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.
Author:
Publisher: LLMC
ISBN:
Category :
Languages : en
Pages : 256
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Book Description
Author: Kirsten Sellars
Publisher: Cambridge University Press
ISBN: 1107104653
Category : History
Languages : en
Pages : 387
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Book Description
The first comprehensive legal appraisal of tribunals convened across Asia to try war crimes, crimes against humanity, and genocide.
Author: LIU Daqun
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480561
Category : Law
Languages : en
Pages : 401
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Book Description
Author: Bill Hendon
Publisher: Macmillan
ISBN: 1429922907
Category : History
Languages : en
Pages : 1270
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Book Description
THE NEW YORK TIMES BESTSELLER An Enormous Crime is nothing less than shocking. Based on thousands of pages of public and previously classified documents, it makes an utterly convincing case that when the American government withdrew its forces from Vietnam, it knowingly abandoned hundreds of POWs to their fate. The product of twenty-five years of research by former Congressman Bill Hendon and attorney Elizabeth A. Stewart, this book brilliantly reveals the reasons why these American soldiers and airmen were held back by the North Vietnamese at Operation Homecoming in 1973, what these brave men have endured, and how administration after administration of their own government has turned its back on them. This authoritative exposé is based on open-source documents and reports, and thousands of declassified intelligence reports and satellite imagery, as well as author interviews and personal experience. An Enormous Crime is a singular work, telling a story unlike any other in our history: ugly, harrowing, and true.
